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6 ., r <br />the Debt Service Account of amounts needed to make any such <br />payment, when due, the Council shall levy ad valorem taxes on <br />all taxable property in the City in the amount of such <br />deficiency. If the balance in the Debt Service Account is <br />ever insufficient to pay all principal and interest then due <br />on the Bonds and any other bonds payable therefrom, the <br />deficiency shall be promptly paid out of any other funds of <br />the City which are available for such purpose, and such other <br />funds may be reimbursed with or without interest from the Debt <br />Service Account when a sufficient balance is available <br />therein. <br />21. Records and Certificates. The officers of the <br />City are hereby authorized and directed to prepare and <br />furnish to the Purchaser, and to the attorneys approving the <br />legality of the issuance of the Bonds, certified copies of all <br />proceedings and records of the City relating to the Bonds and <br />to the financial condition and affairs of the City, and such <br />other affidavits, certificates and information as are required <br />to show the facts relating to the legality and marketability <br />of the Bonds as the same appear from the books and records <br />under their custody and control or as otherwise known to them, <br />and all such certified copies, certificates and affidavits, <br />including any heretofore furnished, shall be deemed represen- <br />tations of the City as to the facts recited therein. <br />22. Negative Covenant as to Use of Improvements. <br />The City hereby covenants not to use the Improvements or to <br />cause or permit the Improvements to be used, or to enter into <br />any deferred payment arrangements for the cost of the <br />Improvements, in such a manner as to cause the Bonds to be <br />"private activity bonds" within the meaning of Sections,103 <br />and 141 through 150 of the Code. <br />23. Tax -Exempt Status of the Bonds; Rebate. The <br />City shall comply with requirements necessary under the Code <br />to establish and maintain the exclusion from gross income <br />under Section 103 of the Code of the interest on the Bonds, <br />including without limitation (1) requirements relating to <br />temporary periods for investments, (2) limitations on amounts <br />invested at a yield greater than the yield on the Bonds, and <br />(3) the rebate of excess investment earnings to the United <br />States if the Bonds (together with other obligations <br />reasonably expected to be issued and outstanding at one time <br />in this calendar year) exceed the small -issuer exception <br />amount of $5,000,000. For purposes of qualifying for the <br />small issuer exception to the federal arbitrage rebate <br />requirements, the City hereby finds, determines and declares <br />22 <br />